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Threat to vacate the house due to family dispute for a property
19-Oct-2024 (In Property Law)
My grandfather's will gave two shares to my youngest uncle and one share each to his two other sons. Now, my youngest uncle is threatening to build a wall inside the house and forcing us to leave, even though we've lived here for over 40 years. The house has three floors, with each family occupying one."
Respected sir
It is important to know whether the built up floors were present at the time of the demise of your grandfather or they were built after that as you mention that he bequeathed 2 shares in favour of your youngest uncle, which favours you, as it seems to be a mutual agreement between the brothers to have 1 floor for each. Thirdly, you mention that you've been residing in that house for more than 40 years, which also favours you. But, in order to understand more, you may consult me in that regard.
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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if that property is ancestral property and your grandfather has not transferred that property with registered documents, you may file a partition suit and challenge the documents on which your uncles are relying on and the other point of threatening there you need to file a temporary injunction application immediately in court.
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Adv. Karishma
Delhi | 50+ Answers
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Hello, You haven’t mentioned the probate case filed after your grandfather’s passing. Alternatively, you can file a partition suit in the appropriate court to claim your rightful share. The sons of your grandfather will receive the portions specified in the will, or, in the absence of such clarity, through a partition suit. For further clarification and consultation kindly call.
Advocate Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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We can prefer to send a legal notice to them for vacating the property and if they do not respond to the same then we can prefer a suit for eviction. Otherwise, we can also prefer a suit for partition by metes and bounds
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Adv. Alankrit BhatnagarÂ
Delhi | 100+ Answers
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Get the partition conducted from the court in which it will be clear as to which share belongs to whom and your youngest uncle cannot Acer upon the share which you have already obtained through the will and accordingly partioned through court.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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